Equal Protection – Standing
The gender line Congress drew is incompatible with the Fifth Amendment’s requirement that the Government accord to all persons “the equal protection of the laws.”
Jurisdiction – Class Certification Review
Federal courts of appeals lack jurisdiction under §1291 to review an order denying class certification (or, as here, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice
Legislative Districts – Gerrymandering – Constitutionality
The North Carolina General Assembly redrew state legislative districts in 2011 to account for population changes revealed by the 2010 census.
ERISA – Church Plan
A plan maintained by a principal-purpose organization qualifies as a “church plan,” regardless of who established it.
Disgorgement
Because SEC disgorgement operates as a penalty under §2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued “The definition of “penalty” as a “punishment, whether corporal or pecuniary, imposed and enforced by the State, for a crime or offen[s]e against its laws,” Huntington v. Attrill, 146 U. S. 657, 667, gives [...]
Forfeiture – Ownership Interest
Because forfeiture pursuant to §853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime, that provision does not permit forfeiture with regard to Terry Honeycutt, who had no ownership interest in his brother’s store and did not personally benefit from the illegal sales.
Intervenor
A litigant seeking to intervene as of right under Rule 24(a)(2) must meet the requirements of Article III standing if the intervenor wishes to pursue relief not requested by a plaintiff.
Sufficiency of Evidence – Jury Instruction
Following a three-day trial, a jury convicted Robert Stietz, the defendant, of resisting a law enforcement officer, Wis. Stat. § 946.41(1) (2013-14), and intentionally pointing a firearm at an officer, § 941.20(1m)(b).
Court Error – Judge Substitution
Petitioner, Edward J. Zimbal ("Zimbal"), seeks review of an unpublished court of appeals opinion affirming a circuit court order denying his postconviction motion.
OWI – Traffic Stop Legality
Matthew Owens appeals the circuit court’s judgment convicting Owens of operating a motor vehicle while under the influence of an intoxicant.
Court Error – Failure to State A Claim
Thomas Newman appeals the circuit court’s order dismissing his complaint with prejudice.
Waiver of Fees
Ian Humphrey, pro se, appeals an order denying his petition for waiver of the transcript fees.
Legal News
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- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
WLJ People
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